BP2007/3184, Transcript of Proceedings [2007] AIRCTrans 597 (1 November 2007)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 17671-1

COMMISSIONER BLAIR

BP2007/3184

s.451(1) - Application for order for protected action ballot to be held
Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union
and
Radio Frequency Systems Pty Ltd
(BP2007/3184)

MELBOURNE

1.33PM, FRIDAY, 19 OCTOBER 2007

Continued from 23/8/2007

Hearing continuing

PN1

MR J WIELADEK: Good afternoon, Commissioner, I appear for the AFMEPKIU.

PN2

MR T BOURKE: Thanks, Commissioner, I appear for the Australian Industry Group and with me is MS J WILSON from RFS.

PN3

THE COMMISSIONER: All right. Thank you. This matter has been re-listed to deal with the substantive application, that is, for a protected action ballot. There have been several attempts by the parties, as the Commission understands it, to try and convene for the purposes of reaching an agreement but unfortunately for a number of reasons that has not occurred. The Commission was advised that the company is of the view that after discussions with their employees they believe that the preference on behalf of their employees is for a company employee agreement, as opposed to a union collective agreement.

PN4

I suppose one way of testing that is to have a ballot and see what happens. And I understand the application to the ballot is not being opposed. Is that correct?

PN5

MR BOURKE: That’s correct, Commissioner, yes.

PN6

THE COMMISSIONER: The Commission does have a timetable provided by the Australian Electoral Commission but the Commission has become aware that it actually hasn’t - the Commission itself has not completely complied with the Act in regards to the paperwork. As you know, you can’t have a war unless the paperwork is correct. Part of that paperwork of course is a notice that is required to appear on the notice boards at the premises inviting anyone who may wish to make some submissions to the Commission, gives them an opportunity to do so.

PN7

That hasn’t occurred so technically the Commission cannot issue the order today. What it will do though, considering that the application is not being contested, and I think there have been, as far as possible, genuine attempts to try and reach an agreement but lately the parties haven’t been able to get together. It will notionally set down 1 o’clock Tuesday, 23 October. Notices will go out today. If the Commission is advised by 1 o’clock or earlier Tuesday, 23 October that no one intends to make submissions regarding the application then the Commission will issue the orders accordingly. Of course, there will be a slightly revised timetable provided by the Australian Electoral Commission.

PN8

I understand that the ballot is to be by attendance. Maybe, Mr Wieladek, you can have some discussions with Mr Bourke about the appropriate times. There is only the dayshift, is that right? Yes - the most convenient time in which that attendance ballot is to occur and you can advise me of those times and we can advise the Australian Electoral Commission.

PN9

MR WIELADEK: I do have some preliminary times after speaking to the relevant organiser. Over the lunch break, if that’s convenient. I think it’s set down for - - -

PN10

MS WILSON: Between 12.30 and one.

PN11

THE COMMISSIONER: Between 12.30 and one?

PN12

MS WILSON: Yes.

PN13

MR WIELADEK: So 12 to 1.30, as a band maybe for the Australian Electoral Commission to be there.

PN14

THE COMMISSIONER: All right. That’s fine, thanks, and that’s okay with the company, is it?

PN15

MS WILSON: I think that’s fine.

PN16

MR BOURKE: Yes, Commissioner.

PN17

THE COMMISSIONER: All right. Thank you. As I said, the Commission will notionally set down Tuesday, the 23rd at 1 pm. If it’s advised that people won’t - there’s no intent to make submissions regarding the application the orders will follow.

PN18

Thank you. The Commission will stand adjourned.

<ADJOURNED UNTIL TUESDAY 23 OCTOBER 2007 [1.38PM]